iSustain Terms and Conditions of Sale
Prices and Estimations:
The Company may issue a written quotation which shall be
deemed to be an offer to sell only upon the terms and conditions
set out herein. Written acceptance of the quotation by the
Customer will constitute a Contract incorporating these
terms and conditions. A quotation shall remain current for
a period of sixty (60) days from the date of the Quotation
unless previously withdrawn in writing by the Company. The
prices specified for the goods are subject to alterations
due to any increases in the costs of materials and/or labour
and/or freight and cartage occurring after the date of the
Quotation and/or prior to delivery, and such increases shall
be to the Customer's account and added to the price quoted.
No Representations:
No representations, inducements, promises or agreements
between the parties will be of any force or effect in varying
these conditions unless in writing and signed by both parties.
Terms of Payment:
Unless otherwise agreed, all goods will be supplied on a
COD basis. The extension of credit to the Customer shall
be at the absolute discretion of the Company at all times
and unless otherwise stated where extended the terms of
payment shall be net cash within thirty days of the date
of invoice. The price of the goods is subject to change
by the Company without notice including changes to incorporate
any increase in the cost of materials and/or labour and/or
freight and charges. In addition to the price quoted, the
Company may charge the Customer with any one or more of
the following:
I) Taxes, stamp duty or other stationary charges or levies
payable in relation to the supply or installation of the
goods,
2) Legal costs (solicitor and own client costs) and disbursements
incurred by the Company in relation to breach of contract
by the Customer,
3) All costs, changes, expenses or other outgoings incurred
by the Company with respect to any variation of contract
requested by the Customer, and
4) Where the Company is requested to collect returnable
goods from the delivery point a return fee at the Company's
current rates.
Default in Payment:
Should the Customer fail to make due payment for any goods
and services, then the Company may, without prejudice to
any other rights it may have, suspend credit, withhold orders
and take steps to recover monies and/or goods. The customer
shall pay any expenses incurred in recovery. Should an invoice
remain unpaid specified in the “Terms of Payment"
clause, interest shall be charged at an agreed interest
rate and as the absence of any agreement at the rate of
twenty (20) percent per annum commencing on the due date
for payment and continuing until payment in full is received
by the Company.
Risk:
All goods shall be the sole risk of the Customer in all
respects from the date of delivery to the Agent or Carrier
acting on the Customer's behalf.
Delivery:
Delivery and/or performance of the Contract are subject
to the ability of the Company to obtain the goods. The Company
shall be granted an automatic extension of time for delivery
for the goods equal to the delay caused by any variation
caused by the Customer. The Company reserves the right to
cancel or postpone delivery due to war, civil commotion,
strikes, lock-outs, unavailability of transport and/or any
other causes beyond its reasonable and practical control.
Goods are delivered to Customer when the Company makes them
available to the Customer or any agent of the Customer or
any carrier (who shall be the Customer's agent notwithstanding
whoever may pay his/her charges at the Company’s premises
or upon arrival of the goods at a delivery point agreed
upon by the parties). The Company shall not be liable for
any loss or damage however arising from any damage to the
goods in the course of delivery. All goods shall be deemed
to have been inspected and accepted by the Customer unless
the Company receives notification either on the delivery
docket or in writing within seven (7) days from the date
of delivery.
Warranty:
The warranty shall be subject to the Exclusions and Limitations
expressed below.
The Company shall be responsible only for any inherent
defects in the goods supplied for faulty workmanship of
the Company appearing in the works within twenty four (24)
months from the date of installation except that any guarantee
or warranty given by a third party in respect of materials,
components or process comprising part of the work shall
apply to such materials, components or processes. The Company
shall not be responsible for any repairs or rectifications
due to misuse or damage by others including the Customer.
Exclusions & Limitations:
Although reasonable care is taken with the installation
of the system NO responsibility can be accepted for Customer
supplied components, materials and workmanship or if the
goods are used or dealt with in any way which Is not usual.
Responsibility will not be accepted for equipment loss
or damage due to any or any of the following.
a) Storm or tempest
b) Atmospheric electrical discharge, excepting where the
Company has installed protection equipment specific to this
purpose
c) Flooding or water damage however caused
d) lack of; or improper maintenance
e) Unauthorised repair, modification or additions
f) Connection of equipment not in compliance with specifications
g) Faulty operation of Customer supplied generator sets,
wind turbines etc ,and
h) System loading in excess of specified system capacities,
Except as required by the Trade Practices Act or any other
Act all implied conditions and warranties are hereby excluded.
Subject to these conditions and warranties necessarily implied
under the Trade Practices Act or any other Act, the Customer's
sole and exclusive remedy for any damage whether direct,
indirect, special, consequential or contingent shall al
the Company's option, be limited to the following:
i) in the case of goods:
a) the replacement of goods or supply of equivalent goods
b) The repair of goods
c) The payment of the cost of repairing or replacing the
goods or requiring equivalent goods
ii) in the case of services:
a) The supply of services again
b) Payment of the cost of having the services suppled again
Ownership of Goods:
a) Property and any goods delivered or to be delivered to
the Customer, who shall keep the goods as bailee for the
Company, until receipt in full by the Company of the purchase
price and any other moneys payable in respect of the goods
the subject of this contract and all other goods delivered
by the Company to the Customer and any other contract between
the Company and the Customer.
b) The Customer shall store the goods so that they are
separate and clearly distinguishable from goods of a similar
nature in the Customer possession. The Customer shall not
obliterate, alter, deface, remove or obscure any identifying
numbers, plates, marks or other matter affixed to such goods.
The Customer shall keep separate records of all sales of
the Customer's goods.
c} The Customer shall keep the goods free from and will
indemnify the Company against any charge, lien or other
encumbrance therein. If the Customer fails to pay the purchases
price or any other moneys payable to the Company when it
is due., the Company may without notice and without prejudice
to any of its other rights and remedies recover and/or resell
the goods or any of them and may enter into and upon the
Customer's premises by its servants or agents for that purpose.
d) For the purposes of sub-clause (c) the customer hereby
grants a licence to the Company to enter any place where
any of the goods may be for the purpose of removing same.
e) Until such time as the goods have been paid for in full
the Customer is at liberty as agent and fiduciary for the
Company to sell or dispose of the goods for full value in
the ordinary course of business. The Customer shall keep
the purchase price or any money payable by the Customer
or other third party in a separate account as bailee and
agent for the Company and account to the Company for such
proceeds.
Returned Goods:
All returns must be approved in advance and may subject
to a re-stocking fee. Return freight is to be pre-paid.
Disputes:
In the event of any dispute between the Company and the
Customer in relation to the contract for the supply of goods
or services either party may give written notice of the
existence of such dispute to the other, following which
the dispute shall be referred to arbitration pursuant to
the laws of the State of Applicable Law. In any proceedings
before an arbitrator, the parties may by agreement, but
not otherwise be represented by a solicitor or counsel.
Applicable Law:
Unless otherwise stated any contract arising from the Company’s
receipt and acceptance of a Customer's order shall be construed
and operate as a contract in conformity with the laws of
the State of acceptance.
Note:
The above terms and conditions of sale are industry standard
terms and conditions.
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